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Patent-Eligible Subject Matter › Today's Popular Updates › Corporate Counsel

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a... more +
Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes.  less -
Baker Botts L.L.P.

Federal Circuit Refines Section 101 Eligibility as Applied to Machine Learning Patents

Baker Botts L.L.P. on

On April 18, 2025, the United States Court of Appeals for the Federal Circuit ("Federal Circuit") issued a significant decision in Recentive Analytics, Inc. v. Fox Corp., affirming dismissal, by the District Court of...more

Baker Donelson

A Baker's Dozen of Patent Law Developments for 2024

Baker Donelson on

The world of intellectual property law is always changing, and it can be difficult to keep up. Here are 13 developments in patent law so far in 2024 to help you stay in the know....more

ArentFox Schiff

Global Perspective on Patenting of Blockchain, Crypto, and DeFi Technologies

ArentFox Schiff on

The proliferation of blockchain, cryptocurrency, and decentralized finance (DeFi) applications in recent years has been accompanied by a surge in patent filings worldwide by blockchain tech developers. And, despite some early...more

Herbert Smith Freehills Kramer

PTO’s Handling of Patent Eligibility for Blockchain Applications

Herbert Smith Freehills Kramer on

After reviewing the First District court case on 35 U.S.C. 101 for a blockchain patent, we wanted to check in and see how the U.S. Patent and Trademark Office (PTO) has been handling blockchain-related patent applications. In...more

Faegre Drinker Biddle & Reath LLP

Artificial Intelligence at the Patent Trial and Appeal Board

Faegre Drinker Biddle & Reath LLP on

Since the United States Patent and Trademark Office (USPTO) released its 2019 Revised Patent Subject Matter Eligibility Guidance, the Patent Trial and Appeal Board (PTAB) has published over 50 decisions that apply the...more

Sheppard Mullin Richter & Hampton LLP

Machine Learning Patentability in 2019: 5 Cases Analyzed and Lessons Learned Part 1

Sheppard Mullin Richter & Hampton LLP on

This article is the first of a five-part series of articles dealing with what patentability of machine learning looks like in 2019. This article begins the series by describing the USPTO’s 2019 Revised Patent Subject Matter...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

District of Colorado Upholds Eligibility of Liquid Cannabinoid Formulations in First-Ever Cannabis Patent Infringement Suit

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On April 17, 2019, United Cannabis Corporation (UCANN)—the first party to enforce a cannabis patent in federal court—survived an early patent-eligibility challenge brought by the accused infringer Pure Hemp. U.S. District...more

Mintz - Intellectual Property Viewpoints

European Patent Office Issues New Guidelines on Artificial Intelligence and Machine Learning

Mintz - Intellectual Property Viewpoints on

On November 1, 2018, the European Patent Office (“EPO”) issued new guidelines for the patentability of artificial intelligence (“AI”) and machine learning (“ML”) inventions which indicate that applications within this subject...more

Jones Day

Protecting Artificial Intelligence IP: Patents, Trade Secrets, or Copyrights?

Jones Day on

The Situation: Artificial intelligence ("AI") technology is exploding across virtually all industries. Technology companies are innovating at warp speed, and even companies that do not principally identify as "technology...more

Burr & Forman

Improving Patent Eligibility for Your Software Despite the Prohibition of Patent Protection for "Abstract Ideas"

Burr & Forman on

As technologies advance, the Patent Office (as well as the Nation’s courts) must utilize Section 101 of the Patent Act to place reasonable limitations on patent eligibility to ensure that our patent system balances the...more

Knobbe Martens

Federal Circuit Distinguishes its Recent McRO Decision

Knobbe Martens on

Less than a month after reversing the lower court’s determination of invalidity in McRO, Inc. v. Bandai Namco Games America, Inc., the Federal Circuit has now upheld the invalidity of claims in FairWarning IP, LLC v. Iatric...more

Saul Ewing LLP

Patent Owner Asserts 101 Ineligibility Is Not a Defense That Can Be Raised in Litigation

Saul Ewing LLP on

On September 26, 2016, RPost Communications Limited (“RPost”) filed a brief in the United States Court of Appeals for the Federal Circuit (“Federal Circuit”), arguing that the district court did not have statutory authority...more

Faegre Drinker Biddle & Reath LLP

What the Federal Circuit's Decision in McRO v. Bandai Could Mean for Computer-Based Inventions and Other Innovations

Faegre Drinker Biddle & Reath LLP on

In McRO v. Bandai, the Federal Circuit provides particular guidance and clarity on the issue of preemption, which it describes as “The concern underlying the exceptions to § 101.” In addition to providing another guidepost...more

Mintz - Intellectual Property Viewpoints

A Novel Outcome at the International Trade Commission: Patent Claims Invalidated Under Alice in the 100-Day Pilot Program

Mintz - Intellectual Property Viewpoints on

On August 22, 2016, Administrative Law Judge David Shaw of the International Trade Commission (“ITC” or “Commission”) issued his final initial determination (“the ID”) in Certain Portable Electronic Devices and Components...more

BakerHostetler

Sequenom Asks the Supreme Court to Clarify the Limits on Section 101

BakerHostetler on

On March 21, 2016, Sequenom filed a writ of certiorari with the U.S. Supreme Court, asking the Court to provide clarification regarding the limits of 35 U.S.C §101 as it relates to patent eligibility of diagnostic tests....more

McDonnell Boehnen Hulbert & Berghoff LLP

"Software" Claims Reciting No Structural Components and Having Questionable Novelty Struck Down under 35 U.S.C. § 101

McDonnell Boehnen Hulbert & Berghoff LLP on

Two recent District Court decisions show examples of "weak" claims, which in the past would likely be found invalid as lacking novelty or being obvious, but today are struck down as being unpatentable under § 101. The cases...more

Fenwick & West LLP

Overview of Comments on the USPTO's July 2015 Update to the Interim Examination Guidance

Fenwick & West LLP on

In late July, the USPTO issued its July 2015 Update to the 2014 Interim Section 101 Patent Eligibility Guidance (IEG). The July 2015 Update addresses a number of the issues and concerns raised in the public comments to the...more

Robins Kaplan LLP

Drafting Software Patents In A Post-Alice World

Robins Kaplan LLP on

It has been a challenging year for software patent owners following the Supreme Court’s decision in Alice Corp. v. CLS Bank International. Since that ruling was handed down, a large number of software patents have been...more

McNees Wallace & Nurick LLC

Is This The End of Patent Trolls?

McNees Wallace & Nurick LLC on

Following the Supreme Court's recent guidance in Alice Corp. v. CLS Bank International, several software patents have been invalidated by the Federal Circuit, and district courts. In Alice Corp., the court set out a two...more

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